Found this posted on the Narrow Gauge Discussion Group.
Per an e-mail from Ron Lewis, President of the Santa Clara River Valley RR Historical Society -
VENTURA, Calif. - By Mike Harris
A judge Wednesday delayed the eviction of the Fillmore & Western Railway pending the outcome of the company’s appeal, which could take at least a few months.
Railway President Dave Wilkinson said he may start running his vintage tourist trains again.
“More than likely,” he said following a brief court hearing on the railway’s legal battle with the Ventura County Transportation Commission. “I have to really take a serious look and talk to counsel about it, but the stay does say that we can start running our tourist trains” at least until the appeal is resolved.
No tourist trains are currently scheduled, he said. The last one ran over the July Fourth weekend. A murder mystery dinner train ran Saturday night.
At Fillmore & Western’s request, Ventura County Superior Court Judge Rebecca Riley stayed her July 2 eviction order until the railroad’s appeal of the order is decided. The order barred the railway from using the Santa Paula Branch Line, which the commission owns, for its tourist trains.
“We won a round,” Fillmore & Western attorney Donna Standard said outside Riley’s courtroom. “I expect to win everything.”
The commission’s general counsel, Steve Mattas, said the agency is weighing its options in light of the stay being granted. He declined to say what those options are.
“I need to be able to advise the commission first,” he said.
The commission will, however, oppose the railway’s appeal, Mattas said. The appeal “could take as little as a few months or it could take longer” to litigate, he said.
The judge found that not staying the eviction would result in “extreme hardship” to Fillmore & Western.
“The court finds it very apparent that the company will lose its excursions train income if the judgment is not stayed,” Riley wrote in her tentative ruling, which she then finalized. VCTC “will not be irreparably harmed by the stay.”
As a condition of the stay, she ordered the railway to provide proof to the commission by Monday that it has insurance for the rail corridor naming the agency as a beneficiary.
Riley issued the eviction ruling after an unlawful detainer lawsuit was filed against Fillmore & Western by the commission, finding that the agency had properly terminated its lease with the railway. Wilkinson contends the commission had no good reason to do so.
The commission says it is seeking the eviction to make the 32-mile, money-losing branch line profitable, and after negotiations with Fillmore & Western failed.
Also to be decided is whether the railway can continue to use portions of the branch line for freight purposes and to rent its vintage trains for Hollywood productions such as 2011’s “Water for Elephants.”
The commission has terminated Fillmore & Western’s lease to do so, but the railway is challenging that in a lawsuit against the public agency. That suit temporarily has been stayed pending a hearing before Riley on Monday.
Wilkinson said the longer he believes the eviction stay will last, the more likely he will start running his tourist trains again.
“With this type of an operation, it’s so dependent on long-term advertising,” he said. “Even with social media, you can’t plan a train and have a success in two or three weeks. It has to be two or three months. And so we just have to really look and see.”
Before Wednesday’s hearing, a handful of railway supporters demonstrated outside the courthouse in Ventura, including Santa Paula resident Vanessa Acosta, who held a sign that said, “Shame on You, VCTC.”
Like others, Acosta said the Heritage Valley economy would suffer if Fillmore & Western was forced to stop running its trains. The railway says it attracts up to 70,000 tourists a year.
“It’s two small towns, Fillmore and Santa Paula, and the trains bring a lot of people to both of them who spend money at our businesses,” she said.